New Westminster city council isn’t high on the idea of waiting until 2019 to allow cannabis to be sold in the city.
On Monday, city officials held a workshop to discuss the city’s framework for regulating cannabis, which addresses five areas that may fall under municipal jurisdiction: cannabis retail sales and consumption establishments; non-medical cannabis production facilities; business licensing regulating; public consumption; and personal cultivation.
Jackie Teed, the city’s acting director of development services, said the province is expected to unveil provincial regulations regarding cannabis in late May or early June, so municipalities will only have a short amount of time to prepare for the legalization of cannabis. The federal government is set to introduce a Cannabis Act by July 2018, which would allow Canadians to buy non-medical cannabis from retailers who’ve been authorized to sell the product.
Teed said guidelines developed by the city will be a “key piece” of the city’s regulatory framework, as they could address issues such as the proximity of cannabis businesses to schools and the distance between same-use sites.
Having received city council’s feedback on the regulation of cannabis in New Westminster, staff will get to work preparing a framework for municipal regulations. That process includes: hiring a consultation to prepare consultation materials to be used as part of stakeholder survey and a townhall meeting; conducting an online survey to get feedback from the public and businesses; and having a townhall meeting where community members can provide input to council and staff.
While the consultation and creation of the framework for cannabis sales in the city could be complete by July 1, staff suggested a public hearing may not be able to be held until the end of the year because the city avoids having public hearings in the summer months if possible and a municipal election is set for October – meaning cannabis shops likely wouldn’t be able to open in New Westminster until 2019.
Coun. Patrick Johnstone said he supports developing a well thought out framework about how cannabis should be addressed in the community, but is concerned about the timing. He said he’d be happy to schedule a special public hearing to facilitate this, rather than taking no action until 2019
“2019 is a long time from now,” he said. “This is an industry that is chomping at the bit to start operating when legislation is here.”
In addition to approving motions relating to the five areas of cannabis regulations affecting municipalities, council also supported an interim zoning bylaw amendment that’s intended to provide clarity that the retail sale of cannabis isn’t a permitted use until it’s legislated through the Cannabis Act. Until the bylaw is changed, the retail sale of cannabis would only be allowed in the public works, adult entertainment and utility districts (P-8) zoning, which is the city’s works yard.
Staff and the police chief recommended the interim step as a means of ensuring no businesses selling cannabis open in the city until the city’s guidelines are in place.
Council approved motions relating to each of the five areas of cannabis regulations that will fall under municipal jurisdiction:
* Cannabis retail sale and consumption establishments: New cannabis retail sale and consumption establishment businesses would be permitted through a rezoning application, which could be evaluated by staff and council on a site-by-site basis. This approach is consistent with the city’s approach for liquor licensed premises.
* Non-medical cannabis production facilities: The city will consider permitting non-medical cannabis production facilities in the heavy industrial districts (M-2) zone, with the same zoning bylaw conditions as medical cannabis facilities. (Staff noted that federal conditions and requirements for non-medical cannabis production facilities haven’t yet been established.) The city will also explore the pros and cons of locating these production facilities in the light industrial districts (M-1) zone and report back to council.
* Public consumption: Staff recommends limiting consumption to all public spaces where smoking is permitted and updating the smoking control regulations to add vaping to the definition.
* Personal cultivation: Staff recommends that no additional restrictions be imposed beyond what the federal regulations will allow for personal cannabis cultivation. It’s believed that federal regulations would allow adults to grow up to four one-metre tall cannabis plants for non-medical use.
* Business licence regulations: the city supports the idea of establishing business licence regulations for the retail sale of non-medical cannabis that are similar to the regulations now in place for liquor stores. This could include limiting store hours from 9 a.m. to 9 p.m. or 11 p.m., requiring staff to have criminal record searches and training comparable to the Serving It Right program, prohibiting other products for sale that would be attractive to youth and only permitting minors on premises if they’re accompanied by a parent or guardian. Staff also recommended that the city retain current restrictions in the business licence bylaw that would allow cannabis products and paraphernalia only to be sold in cannabis retail stores.
“Essentially these mirror what is in the current beer and wine stores,” said Kim Deighton, the city’s manager of licensing and integrated services. “Nothing more, nothing less.”
In a five to two vote, council approved first and second readings of the zoning amendment bylaw aimed at providing clarity that cannabis isn’t a permitted use until it’s legalized through the Cannabis Act. A public hearing will be held on Feb. 19.
The issue of where marijuana paraphernalia, such as pipes and bongs, was one of the topics of conversation among council members, with some supporting the staff recommendation that they only be available in shops selling cannabis and others believing they should be available anywhere.
Coun. Bill Harper said people can buy corkscrews for wine at a variety of places other than liquor stores and questioned why the city would restrict the sale of devices that allow for the consumption of cannabis.
Deighton said the idea of restricting where those items are sold is intended to limit exposure to youth. She said there have been instances where a corner store near a local school was selling drug paraphernalia next to the chocolate bars.
Prohibiting marijuana paraphernalia from being sold in stores isn’t going to limit the use of cannabis by youth, Harper said.
“Let’s trying to take the morals out of this question.”
